STATE OF GUJARAT Vs. MALIBEN NATHUBHAI

JUDGEMENT

(1.) Bhulabhai Bhikhabhai was the owner of landed property including open land being Survey No.74 admeasuring 4350 sq. meters in Jehangirabad, District Surat (Gujarat). He died intestate on 17th Jan., 1947 leaving behind his widow Harkhiben (who died on 13th Feb., 1957) and two sons Narsinbhai (who died on 22nd April, 1969 without any issue), Balubhai (died on 16th Nov., 1991) and two daughters - Gangaben (represented by her legal representatives) and Maliben Nathubhai (now represented by her legal representatives).

(2.) On the death of Bhulabhai Bhikhabhai his two sons inherited his estate and when the Urban Land (Ceiling and Regulation) Act, 1976 (for short the Act) came into force, Balubhai the only surviving son of Bhulabhai Bhikhabhai and brother of Gangaben and Maliben filed a declaration form on 10th Aug., 1976 under Sec. 6(1) of the Act. He filed the declaration as owner of the entire land and on behalf of his own family. His sisters Gangaben and Maliben did not make any claim in respect of the land in question and the revenue records at that point of time reflected only the names of the sons of Bhulabhai Bhikhabhai and not that of his two daughters.

(3.) The declaration made by Balubhai was taken up for consideration by the Competent Authority and Deputy Collector who passed an order under Sec. 8(4) of the Act on 16th Dec., 1983 in ULC Case No.1/1900 declaring about 3426 sq. mtrs. of land as surplus land. This was followed by Notifications under Sections 10(1) and 10(3) of the Act in the Official Gazette on 6th Jan., 1984 and 13th July, 1984. The sisters of Balubhai (that is Gangaben and Maliben) did not make any claim before the Competent Authority and Deputy Collector in respect of the surplus land.